STUDY UNIT 6 LEGAL WRITING IN TESTS AND EXAMINATIONS At the end of this study unit you must be able to: Describe what different assessment questions require. Answer test and examination questions with success and insight. DIFFERENT QUESTIONS, DIFFERENT ANSWERS Assessors do not simply use random verbs in assessments. “Describe” requires a different answer from “compare” and “name”. NB! STUDY: Study the following extract from Kok, Nienaber and Viljoen1 on answering test and examination questions. BIBLIOGRAPHY: KOK, A; NIENABER, A and VILJOEN, F 2011. Skills workbook for law students. 2nd Ed. Claremont:Juta Publishers. 1 2011:13-20. UFS 2012 RPK 214 – Part B Legal Writing UFS 2012 RPK 214 – Part B Legal Writing UFS 2012 RPK 214 – Part B Legal Writing UFS 2012 RPK 214 – Part B Legal Writing UFS 2012 RPK 214 – Part B Legal Writing UFS 2012 RPK 214 – Part B Legal Writing UFS 2012 RPK 214 – Part B Legal Writing UFS 2012 RPK 214 – Part B Legal Writing UFS 2012 RPK 214 – Part B Legal Writing UFS 2012 RPK 214 – Part B Legal Writing UFS 2012 RPK 214 – Part B Legal Writing LEGAL WRITING IN ASSESSMENTS Your legal writing skills should not be turned off just because you are answering questions in a test or examination. You will do well to remember the following in tests and examinations: Rules of clarity, conciseness and engagement apply in assessments too! Answers in tests and examinations must be as clear, concise and engaging as any of your legal writing products. Consider your audience and purpose for writing Just as in any legal writing product, write for you audience and write with a purpose. Your audience in assessment opportunities are lecturers with the objective of determining whether you understand and know the work that has been dealt with over the course of a semester. The purpose of writing will be formulated in accordance with the specific question. For example, should the question read: Name the requirements for a valid contract, you will probably not be expected to compare legal systems or motivate an answer. However, if the question gave you a set of facts and requested you to critically evaluate, your answer will most likely aim to persuade and you should structure your writing accordingly. SPELLING! Spelling mistakes in tests and examinations are as unprofessional as it is in practice. SMS LANGUAGE! Avoid using SMS vernacular altogether. You will not obtain marks for answers given in SMS language. UFS 2012 RPK 214 – Part B Legal Writing Paragraphs, paragraphs, paragraphs Frequently, students answer questions in tests in proper paragraphs, but when it comes to the examinations, they write one long paragraph. This is unprofessional and does very little to ease the sometimes tedious task of marking papers. Headings Headings, along with proper paragraphing, can give structure to your answers if used wisely. Repetition does not duplicate marks Restating a fact will not win you another mark, even if you reformulated the fact into different words. It merely points to the fact that you do not know what the rest of the answer entails. Logical reasoning Some assessment questions will require you to reason. It is not appropriate to regurgitate everything that you have memorised on a specific topic. You should integrate the knowledge that is required for the answer and exclude that which will render your answer excessive. UFS 2012 RPK 214 – Part B Legal Writing ANNEXURE A – DECLARATION OF OWN WORK The pages that follow must be completed and submitted with assignments. The forms may be attached to the back of assignments. No assignment will be accepted without these forms. Where any student is unaware what plagiarism is and unsure how to complete the form, the burden rests upon that student to contact the lecturer immediately to receive guidance in this regard. UFS 2012 RPK 214 – Part B Legal Writing RPK 214 ASSIGNMENT FACULTY OF LAW, UFS DECLARATION OF OWN WORK Student number: Surname and initials: Programme and department: Name of module: Lecturer: Code of course: Assignment NO (encircle): Date of submission: 2 1 0 1 2 M Declaration of own work 2 M 3 D 4 D Tick I hereby declare that I know and understand what plagiarism is I hereby declare that this assignment handed in by me to the Faculty of Law, was completed by myself, independent of any other person and that it has not previously been submitted for purposes of obtaining of credits or a qualification by myself or any other person. Furthermore, I declare that I revealed all sources employed in appropriate footnotes. I also did not allow any other person to copy my work for the purposes of presenting it as their own. ______________________________ Signature of student ___________________ Date UFS 2012 RPK 214 – Part B Legal Writing RPK 214 ASSIGNMENT FACULTY OF LAW, UFS DECLARATION OF OWN WORK Student number: Surname and initials: Programme and department: Name of module: Lecturer: Code of course: Assignment NO (encircle): Date of submission: 2 1 0 1 2 M Declaration of own work 2 M 3 D 4 D Tick I hereby declare that I know and understand what plagiarism is I hereby declare that this assignment handed in by me to the Faculty of Law, was completed by myself, independent of any other person and that it has not previously been submitted for purposes of obtaining of credits or a qualification by myself or any other person. Furthermore, I declare that I revealed all sources employed in appropriate footnotes. I also did not allow any other person to copy my work for the purposes of presenting it as their own. ______________________________ Signature of student ___________________ Date
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